Your Rights when Arrested for DWI in New Jersey

DWI arrests are always a jarring event. You likely feel unfairly singled out, outraged, and incredibly inconvenienced. If you are under the influence when arrested, you may feel disoriented and scared. Either way, it is critical to remember your rights during the time leading up to and after an arrest for DUI charges.

Here is the critical information that you should know about rights when arrested for DWI in New Jersey.

Rights Before You are Arrested for DWI in NJ

Your Obligation Under “Implied Consent”:

This is an obligation, not a right. By driving in New Jersey, you have given “implied consent” to submit to a chemical breath test (the Alcotest) upon a lawful arrest for DWI.

Right to Limit Your Answers

You are legally required to provide your license, registration, and insurance. However, you are generally not required to answer investigative questions like “Have you been drinking tonight?” or “Where are you coming from?” Your answers to these questions can be used to build a case against you, so refrain from answering them. The police cannot legally force you to answer those queries.

Right to Refuse Field Sobriety Tests (FSTs)

In New Jersey, you are not legally obligated to perform Standardized Field Sobriety Tests (like the walk-and-turn, one-leg stand, or eye test). You can politely decline to take these tests. This is different from the breathalyzer, which you cannot refuse without a separate penalty.  Refusal to take a breathalyzer test usually leads to serious charges for refusing a breathalyzer, also known as DWI refusal.

In a breath test, you will be forced have your breath checked for traces of alcohol.

Right to Refuse a Vehicle Search

If you have been stopped by the police, you do not have to consent to a search of your vehicle. If an officer asks to search your car, you have the right to politely decline. Police generally need a warrant or “probable cause” (like seeing an open container in plain view) to search your car without your permission. Learn more about the rules on stopping and searching your car in New Jersey.

Right Against an Unlawful Stop

Furthermore, for an officer to pull you over, they must have a “reasonable suspicion” that you have committed a traffic violation or that criminal activity is underway. Under the 4th Amendment in the US constitution, officerd cannot pull you over without just cause. A stop without a valid reason is not admissible and can be challenged in court, which can lead to a dismissal.

Rights After a DWI Arrest in New Jersey

If the police conclude that you are under the influence and arrest you at a DWI checkpoint or traffic stop, you will be arrested and taken to the police station. Knowing your rights AFTER a DUI arrest is also important.

Your Miranda Rights (The Right to Remain Silent)

Once you are in custody (i.e., arrested), police must read you your Miranda rights before they begin a “custodial interrogation” (asking questions designed to get an incriminating answer, such as “How many drinks did you have?”).

What it Means: You have the right to remain silent and not answer these questions. You also have the right to have an attorney present during this questioning.

Key Misconception: Police are not required to read you your Miranda rights just to arrest you, nor are they required to read them before they instruct you on how to use the breathalyzer (Alcotest).

The Right to Contact an Attorney

You have the right to contact an attorney after your arrest. This is an important legal right, and a failure to accomodate this right can be used against the police afterwards.

The Right to an Independent Medical Test

After you have submitted to the police’s official breath test, you have the right to obtain an independent blood test at your own expense. Police must inform you of this right and cannot hinder your ability to get a timely test. Agau, a refusal to grant this can lead to a dismissal of charges against you. You may also be asked to submit to what is known as a Drug Recognition Examination after being arrested.

Other Rights

If you provided a breath or blood sample for example, you are entitled to the results of the tests for blood alcohol content or drug test results. Your discovery package will include reports related to any test results, calibration records for the machine used, and copies of police reports.

The prosecution is also required to provide copies of any statements you made during your arrest or the period leading up to you arrest, among other vital information. For example, there may be police dashcam video of the motor vehicle stop, field sobriety tests, and recordings of what you and the officer did and said on the side of the road.

Based on your arrest and the subsequent legal process, here are your primary rights after you have been arrested for a DWI in New Jersey:

Your Rights During the Court Process for Drunk Driving Charges

1. The Right to an Arraignment:
   • You have the right to a timely first court appearance, called an arraignment.
   • At the arraignment, the judge will formally read the charges against you and inform you of the potential penalties.
2. The Right to Plead “Not Guilty”:
   • At your arraignment, you have the right to enter a plea. You can plead “not guilty”, or you can take a guilty plea.
3. The Right to Legal Counsel:
   • You have the right to hire an attorney to represent you throughout the entire court process. This is one of the most important rights you have, as a DWI defense is highly technical.
4. The Right to “Discovery”:
   • You (through your attorney) have the right to receive all the evidence the state has against you. This is known as “discovery” and is critical for building your defense. This evidence includes:
     • All police reports.
     • Dash-cam and body-worn camera footage.
     • The Alcotest (breathalyzer) results and all maintenance, calibration, and solution change records for the specific machine used.
5. The Right to a Trial (by a Judge):
   • You have the right to challenge the state’s evidence at a trial.
   • In New Jersey, DWI offenses are traffic violations (not criminal offenses), so you do not have the right to a jury trial. Your case will be decided by a municipal court judge in what is called a “bench trial.”

Defend Your Rights when Charged with DWI – Call our DWI Defense Lawyers Today

If you have been charged with a DWI in New Jersey, contact the experienced DUI defense lawyers at William Proetta Criminal Law today for a free initial consultation. We are here to help 24/7. Our DWI defense attorneys will thoroughly review the discovery in your case to identify any procedural errors or factors that we can use to successfully defend you against a DWI charge.